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278.992 Penalty for certain pipeline violations.
(1)
(2)
Any person who violates any minimum safety standard adopted by the United States
Department of Transportation pursuant to the federal pipeline safety laws, 49 U.S.C.
secs. 60101 et seq., or any amendments thereto, or any regulation adopted and filed
pursuant to KRS Chapter 13A by the Public Service Commission governing the
safety of pipeline facilities or the transportation of gas as those terms are defined in
the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty to be assessed
by the Public Service Commission not to exceed the maximum civil penalty as
contained in 49 C.F.R. sec. 190.223, as of December 31, 2011, for a violation of any
provision of 49 U.S.C. secs. 60101 et seq., or any regulation or order issued
thereunder, for each violation for each day that the violation persists. Any civil
penalty assessed for a violation may be compromised by the commission. In
determining the amount of the penalty, or the amount agreed upon in compromise,
the appropriateness of the penalty to the size of the business of the person charged,
the gravity of the violation, and the good faith of the person charged in attempting
to achieve compliance, after notification of the violation, shall be considered. The
amount of the penalty, when finally determined, or the amount agreed upon in
compromise, may be deducted from any sums owing by the Commonwealth of
Kentucky to the person charged or may be recovered in a civil action in the Franklin
Circuit Court.
Any person who willfully and knowingly defaces, damages, removes, or destroys
any pipeline sign or right-of-way marker required by the Natural Gas Pipeline
Safety Act or any regulation or order issued pursuant to it shall, upon conviction, be
subject for each offense to a fine of not more than five thousand dollars ($5,000),
imprisonment for a term not to exceed one (1) year, or both.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 5, sec. 1, effective July 12, 2012. -- Amended
1998 Ky. Acts ch. 387, sec. 1, effective July 15, 1998. -- Amended 1990 Ky. Acts ch.
402, sec. 1, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 82, sec. 51,
effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 379, sec. 55, effective April
1, 1979. -- Created 1970 Ky. Acts ch. 289, sec. 1.
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